Champion v. State
| Decision Date | 11 May 1999 |
| Docket Number | No. A99A0988.,A99A0988. |
| Citation | 517 S.E.2d 595,238 Ga. App. 48 |
| Parties | CHAMPION v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
William P. Nash, Jr., Columbus, for appellant.
J. Gray Conger, District Attorney, for appellee.
A jury found Michael Champion guilty of aggravated assault and possession of a firearm by a convicted felon. Champion appeals. We affirm.
Viewed in a light most favorable to support the jury's verdict, the evidence shows that on April 25, 1997, a car in which Champion was riding pulled up to the victim. Champion and the victim had been friends for years. Champion started arguing with the victim, who responded briefly and continued walking home. After following the victim for a distance, Champion got out of the car, argued more with the victim, and fired a gun at the victim. At the time, the victim had made no verbal threats, no aggressive gestures, and was unarmed.
Both the victim and an eyewitness identified Champion and gave consistent unimpeached versions of the events. The state presented other evidence, including Champion's prior conviction for reckless conduct and the investigating officer's testimony that Champion had committed a similar crime in 1993.
After Champion was convicted of aggravated assault, the jury heard testimony from another eyewitness that Champion pulled a gun and fired it at the victim. This testimony, coupled with evidence that Champion had previously been convicted of burglary and sodomy, formed the basis for Champion's conviction of possession of a firearm by a convicted felon.
1. Champion contends he received ineffective assistance of counsel because trial counsel: (1) failed to conduct interviews with him and other witnesses before trial; and (2) failed to file a written request for a contemporaneous limiting instruction on the similar transaction evidence. We disagree.
In order to establish ineffective assistance of trial counsel, Champion must show both that trial counsel's performance was deficient and that the deficient performance prejudiced the defense. Herndon v. State, 235 Ga.App. 258, 509 S.E.2d 142 (1998). There is a strong presumption that trial counsel's performance falls within the wide range of reasonable professional assistance and that any challenged action might be considered sound trial strategy. Id. at 258-259, 509 S.E.2d 142.
(a) The record shows that trial counsel conducted a one and one-half to two hour interview with Champion before trial. Thus, Champion's contention that counsel did not interview him is not supported by the record. In addition, the lawyer's investigator spoke with Champion and relayed information back to the lawyer. Champion has therefore failed to show harm from any alleged deficiency in the extent to which trial counsel interviewed him. See Aleman v. State, 227 Ga.App. 607, 611(3)(a), 489 S.E.2d 867 (1997).
Champion also asserts that he was prejudiced because trial counsel did not search for and interview exculpatory witnesses. However, trial counsel testified at the motion for new trial hearing that Champion did not identify any exculpatory witnesses and trial counsel could not think of any exculpatory witnesses who might have been present. Moreover, Champion failed to make any showing of the substance of the testimony of any uncalled witnesses. Without such evidence, it is impossible for this court to conclude that any witnesses who were not called would have given testimony favorable to Champion and that the result of the proceedings would have been affected. Goodwin v. Cruz-Padillo, 265 Ga. 614, 615, 458 S.E.2d 623 (1995).
(b) Champion has not shown that trial counsel rendered ineffective...
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